services of Salon have been explicitly
excluded. The Agreement provides that the Franchisor (plaintiff) and
the Franchisee (defendants No.1 and 2) would enter into ... recital A of the franchise agreement states that the
plaintiff/ franchisor is engaged in the business of creating,
marketing and selling facilities of fitness clubs
Goenka (P) Ltd. (hereinafter referred to as the "Assessee/Franchisor") is a Company registered under Companies Act, 1956 (hereinafter referred ... Salient features of agreement are as under:
(A) Petitioner is termed as Franchisor in agreement and is engaged in business of imparting and promoting education
consideration of the payment by the Franchise to the
Franchisor of the Franchisee Fees as agreed hereunder and in
consideration of the Franchise agreeing ... Franchisor
continuing or recurring fee by way of royalty, upon the dates
and manner hereinafter mentioned, the Franchisor hereby
grants a personal, non-exclusive
that the phrases "representational right" and
"process identified with franchisor" are of utmost importance to
understand the scope and import ... right to
represent essentially means a conferment of rights by the Franchisor
to the Franchisee to do the acts, which are solely identified with
Functions in accordance with the this
Agreement as required by the Franchisor.
2.2 It is hereby clarified that notwithstanding anything to the
contrary contained herein ... Franchisee is not permitted to use
the name of the Franchisor and/or the Trade Names / Trade
Descriptors for business of the Franchisee
five years and under the said
agreement, petitioner in instant OP as franchisor had given on franchise a
holistic education imparting service with an emphasis ... running play
schools') was given on franchise. The franchisor shall inter alia provide on-line
curriculum manual and updates for the same
finally.
2 The Petitioner is a franchisee and the Respondent is a franchisor.
As there exists an arbitration clause in the franchisee agreement dated ... claim shall be referred to 3 (three) arbitrators, of which
the Franchisor shall appoint 1 (one) arbitrator, the
Franchisee and the Promoters shall jointly appoint
separate franchise agreements were entered into
between petitioner/franchisee and the respondent/franchisor. As per the terms of
the said agreements, the petitioner ... AELA franchise agreement are reproduced
hereinbelow:
“1. GRANT OF LICENSE
1.01 The Franchisor hereby grants to the Franchisee for the
duration of the term
VATO,
Delhi, holding that, inter alia, the fee received by it-as franchisor, on account
of franchise services rendered by it to M/s Queen ... financial year. Thereafter, Sagar Ratna Hotels (the second petitioner) became
a franchisor in relation to a business rearrangement in the family of the
owners
pass to the Franchisee only upon receipt of invoice amount by
the Franchisor. Clause-12 also provides that Franchisor shall have
lien on the products ... delivered to the extent of unpaid purchase
price of products and the Franchisor shall be entitled to exercise the
lien to recover the unpaid purchase
